Ulsan Law Firm Assistance | Ulsan Attorney Who Defended a Client Who Caused 12 Weeks of Injury in a Traffic Accident

The client who reached out to the Ulsan law firm caused serious injury to the victim in a traffic accident and was at risk of heavy punishment.

In order to reduce the sentence as much as possible, the client requested a consultation with the Ulsan office attorney.

Act on Special Cases concerning the Settlement of Traffic Accidents Article 3 (Special Cases concerning Punishment)

(1) If the driver of a vehicle commits the offense under Article 268 of the 「Criminal Act」 (death or injury caused by occupational or gross negligence) through a traffic accident, the driver is punishable by imprisonment without labor for not more than 5 years or a fine of not more than 20 million won.

(2) If a driver commits, through the operation of a vehicle, the offense of causing injury by occupational negligence (業務上過失致傷罪) or causing injury by gross negligence (重過失致傷罪) among the offenses under paragraph (1), or the offense under Article 151 of the 「Road Traffic Act」, no public prosecution (公訴) may be brought against the driver against the express will of the victim. However, this does not apply where the driver of the vehicle commits the offense of causing injury by occupational negligence or by gross negligence among the offenses under paragraph (1) and flees without taking measures under Article 54 (1) of the 「Road Traffic Act」, such as rescuing (救護) the victim, or flees after moving the victim away from the accident site and abandoning (遺棄) them, where the driver commits the same offense and refuses a breathalyzer request in violation of Article 44 (2) of the 「Road Traffic Act」 (except where the driver requests or consents to a blood test), and where the driver commits the same offense through any of the following acts.

Criminal Act Article 268 (Death or Injury Caused by Occupational or Gross Negligence)

A person who, through occupational negligence or gross negligence, causes the death or injury of another is punishable by imprisonment without labor for not more than 5 years or a fine of not more than 20 million won.

In order to obtain a suspended sentence, the Ulsan law firm analyzed the case closely and presented its arguments, asserting the following.

Accepting the Ulsan law firm's arguments, the court imposed a ‘suspended sentence’.